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Berg & Berg Enters., LLC. v. Boyle, No. H031591

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By FindLaw Staff on October 30, 2009 5:39 AM

In plaintiff's breach of fiduciary duty against defendants, trial court's sustaining of defendant's demurrers to the third amended complaint is affirmed as plaintiff failed to plead a cognizable claim for breach of fiduciary duty against the individual directors. Furthermore, even if a cognizable claim had been alleged, on the pleaded facts, the business judgment rule insulated the directors from personal liability on the alleged claims for breach of fiduciary duty as a matter of law. 

Read Berg & Berg Enters., LLC. v. Boyle, No. H031591 [PDF]

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Filed October 29, 2009

Judges

Opinion by Judge Duffy

Counsel

For Appellant:  Allen Matkins Leck Gamble, Mallory & Natsis, Robert R. Moore, Michael J. Betz, Kevin Ryan

For Appellee:  Winston & Strawn, Robert A. Julian, Nicole P. Dogwill, O'Melveny & Myers, Meredith N. Landy, Lori E. Romley, Sara M. Folchi

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